HSB 664 (LSB 5274YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act relating to the conduct of elections, including procedures for proposed amendments to the Iowa Constitution, the issuance of bonds, self-promotion with taxpayer funds, voter registration, and absentee ballots, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION

    Section 1.  Section 49.43, subsection 2, Code 2020, is amended to read as follows:
   2.  Constitutional amendments and other public measures may shall be summarized by the commissioner as provided in sections 49.44 and 52.25.
    Sec. 2.  Section 49.44, subsection 1, Code 2020, is amended to read as follows:
   1.  When a proposed constitutional amendment or other public measure to be decided by the voters of the entire state is to be voted upon, the state commissioner shall prepare a written summary of the amendment or measure including the number of the amendment or statewide public measure assigned by the state commissioner. The summary shall be printed immediately preceding the text of the proposed amendment or measure on the paper ballot or optical scan ballot referred to in section 49.43. If the complete text of the proposed amendment or public measure will not fit on the ballot it shall be posted inside the voting booth. A copy of the full text shall be included with any absentee ballots.
    Sec. 3.  REPEAL.  Sections 49A.10 and 49A.11, Code 2020, are repealed.
DIVISION II
ISSUANCE OF BONDS

    Sec. 4.  Section 49.45, Code 2020, is amended to read as follows:
   49.45  General form of ballot.
   1.  Ballots referred to in section 49.43 shall be substantially in the following form:
  Shall the following amendment to the Constitution (or public measure) be adopted?

  ☐  Yes

  ☐  No

(Here insert the summary, if it is for a constitutional amendment or statewide public measure, and in full the proposed constitutional amendment or public measure. The number assigned by the state commissioner or the letter assigned by the county commissioner shall be included on the ballot centered above the question, “Shall the following amendment to the Constitution [or public measure] be adopted?”.)

   2.  A public measure to approve the issuance of a bond pursuant to chapter 75 or 296 shall include on the ballot the current property tax levy, which shall immediately follow the proposed levy, and the term of the bond. Such a public measure shall also include on the ballot the average increase or decrease in the property tax burden of an average home in each county, as well as the average of such averages, according to data provided by the United States census bureau.
DIVISION III
SELF-PROMOTION WITH TAXPAYER FUNDS

    Sec. 5.  Section 68A.405A, subsection 1, paragraph b, Code 2020, is amended by striking the paragraph.
    Sec. 6.  Section 68A.405A, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  For the purposes of this section, “direct mass mailing” means a mailing, regardless of whether the mailing was sent in response to a request or due to the recipient’s enrollment in a program, the purpose of which is to attract public attention to a person, policy, product, service, program, initiative, law, legislation, event, or activity promoted by the statewide elected official that is all of the following:
   a.  Printed material delivered by the United States mail or other delivery service.
   b.  Sent to more than two hundred physical addresses.
   c.  Substantially similar or identical as regards each mailing.
   d.  Sent at the same time or within a thirty-day period.
   NEW SUBSECTION.  4.  For the purposes of this section, only moneys appropriated to the offices of the governor and lieutenant governor are considered under the control of the governor or lieutenant governor.
DIVISION IV
MISCELLANEOUS PROVISIONS

    Sec. 7.  Section 54.9, Code 2020, is amended to read as follows:
   54.9  Compensation.
   The electors shall each receive a compensation of five dollars one-half of the federal general services administration’s per diem rate for the relevant date and location for every day’s attendance, and the same mileage as members of the general assembly which shall be paid from funds not otherwise appropriated from the general fund of the state.
    Sec. 8.  Section 68.9, subsection 1, Code 2020, is amended to read as follows:
   1.  When an impeachment is presented, the senate shall, after the hour of final adjournment of the legislature as soon as practicable, be forthwith organized as a court of impeachment for the trial thereof, at the capitol.
    Sec. 9.  Section 68.14, Code 2020, is amended to read as follows:
   68.14  Compensation —— fees —— payment.
   The presiding officer and members of the senate, while sitting as a court of impeachment, and the managers elected by the house of representatives, shall receive the sum of six dollars each per day be compensated the same as for a special session of the general assembly, but shall receive no additional compensation during a regular session of the general assembly, and shall be reimbursed for mileage expense in going from and returning to their places of residence by the ordinary traveled routes; the secretary, sergeant at arms, and all subordinate officers, clerks, and reporters, shall receive such amount as shall be determined upon by a majority vote of the members of such court. The same fees shall be allowed to witnesses, to officers, and to other persons serving process or orders, as are allowed for like services in criminal cases, but no fees can be demanded in advance. The state treasurer shall, upon the presentation of certificates signed by the presiding officer and secretary of the senate, pay all of the foregoing compensations and the expenses of the senate incurred under the provisions of this chapter.
DIVISION V
CONDUCT OF ELECTIONS

    Sec. 10.  Section 39.12, Code 2020, is amended to read as follows:
   39.12  Failure to vacate.
   An elected official who has been elected to another elective office to which section 39.11 applies shall choose only one office in which to serve. The official shall resign from all but one of the offices to which section 39.11 applies before the beginning of the term of the office to which the person was most recently elected. Failure to submit the required resignation will result in a vacancy in all the first elective offices office to which the person was elected.
    Sec. 11.  Section 43.11, subsection 1, Code 2020, is amended to read as follows:
   1.  For an elective county office, in the office of the county commissioner not earlier than ninety-two days nor later than 5:00 p.m. on the sixty-ninth seventy-fourth day before the day fixed for holding the primary election.
    Sec. 12.  Section 43.16, subsection 2, paragraph b, Code 2020, is amended to read as follows:
   b.  A person who has filed nomination papers with the commissioner may withdraw as a candidate not later than the sixty-seventh sixty-ninth day before the primary election by notifying the commissioner in writing.
    Sec. 13.  Section 43.23, Code 2020, is amended to read as follows:
   43.23  Death or withdrawal of primary candidate.
   1.  If a person who has filed nomination papers with the state commissioner as a candidate in a primary election dies or withdraws up to the seventy-sixth day before the primary election, the appropriate convention or central committee of that person’s political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the state commissioner in writing by 5:00 p.m. on the seventy-first day before the date of the primary election. The name of any candidate so submitted shall be included in the appropriate certificate or certificates furnished by the state commissioner under section 43.22.
   2.  If a person who has filed nomination papers with the commissioner as a candidate in a primary election dies or withdraws up to the sixty-seventh sixty-ninth day before the primary election, the appropriate convention or central committee of that person’s political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the commissioner in writing by 5:00 p.m. on the sixty-third sixty-fourth day before the primary election. The name of any candidate so submitted shall be placed on the appropriate ballot or ballots by the commissioner.
    Sec. 14.  Section 43.78, subsection 2, Code 2020, is amended to read as follows:
   2.  The name of any candidate designated to fill a vacancy on the general election ballot in accordance with subsection 1, paragraph “a”, “b”, or “c” shall be submitted in writing to the state commissioner not later than 5:00 p.m. on the seventy-third seventy-sixth day before the date of the general election.
    Sec. 15.  Section 43.79, Code 2020, is amended to read as follows:
   43.79  Death of candidate after time for withdrawal.
   The death of a candidate nominated as provided by law for any office to be filled at a general election, during the period beginning on the eighty-first seventy-fifth day before the general election, in the case of any candidate whose nomination papers were filed with the state commissioner, or beginning on the seventy-third day before the general election, in the case of any candidate whose nomination papers were filed with the commissioner, and ending on the last day before at the time the polls close on the day of the general election shall not operate to remove the deceased candidate’s name from the general election ballot. If the deceased candidate was seeking the office of senator or representative in the Congress of the United States, governor, attorney general, senator or representative in the general assembly or county supervisor, section 49.58 shall control. If the deceased candidate was seeking any other office, and as a result of the candidate’s death a vacancy is subsequently found to exist, the vacancy shall be filled as provided by chapter 69.
    Sec. 16.  Section 44.1, Code 2020, is amended to read as follows:
   44.1  Political nonparty Nonparty political organizations.
   Any convention or caucus of eligible electors representing a political organization which is not a political party as defined by law, may, for the state, or for any division or municipality thereof, or for any county, or for any subdivision thereof, for which such convention or caucus is held, make one nomination of a candidate for each office to be filled therein at the general election. However, in order to qualify for any nomination made for a statewide elective office by such a political organization there shall be in attendance at the convention or caucus where the nomination is made a minimum of two hundred fifty five hundred eligible electors including at least one eligible elector from each of twenty-five counties. In order to qualify for any nomination to the office of United States representative there shall be in attendance at the convention or caucus where the nomination is made a minimum of fifty two hundred eligible electors who are residents of the congressional district including at least one eligible elector from each of at least one-half of the counties of the congressional district. In order to qualify for any nomination to an office to be filled by the voters of a county or of a city there shall be in attendance at the convention or caucus where the nomination is made a minimum of ten twenty eligible electors who are residents of the county or city, as the case may be, including at least one eligible elector from at least one-half of the voting precincts in that county or city. In order to qualify for any nomination made for the general assembly there shall be in attendance at the convention or caucus where the nomination is made a minimum of ten twenty-five eligible electors who are residents of the representative district or twenty fifty eligible electors who are residents of the senatorial district, as the case may be, with at least one eligible elector from one-half of the voting precincts in the district in each case. The names of all delegates in attendance at such convention or caucus and such fact shall be certified to the state commissioner together with the other certification requirements of this chapter.
    Sec. 17.  Section 44.4, subsection 2, paragraph a, subparagraph (1), Code 2020, is amended to read as follows:
   (1)  Those filed with the state commissioner, not less than sixty-eight seventy-four days before the date of the election.
    Sec. 18.  Section 44.9, subsections 1 and 2, Code 2020, are amended to read as follows:
   1.  In the office of the state commissioner, at least sixty-eight days before the date of the election as provided in section 43.76.
   2.  In the office of the appropriate commissioner, at least sixty-four days before the date of the election, except as otherwise provided in subsection 6 as provided in section 43.76.
    Sec. 19.  Section 48A.9, subsection 1, Code 2020, is amended to read as follows:
   1.  Registration closes at 5:00 p.m. eleven days before each election except general elections. For general elections, registration closes at 5:00 p.m. ten days before the election. An eligible elector may register during the time registration is closed in the elector’s precinct but the registration shall not become effective until registration opens again in the elector’s precinct, except as otherwise provided in section 48A.7A.
    Sec. 20.  NEW SECTION.  49.2  Oversight by the state commissioner.
   The state commissioner, or a designee of the state commissioner, may, at the discretion of the state commissioner, oversee the activities of a county commissioner of elections during a period beginning sixty days before an election and ending sixty days after an election. For the purposes of this section, “oversee” means to observe election-related activity, correct any activity not in accordance with law, and issue a written notice and instructions pursuant to section 39A.6 for any technical infractions that are observed.
    Sec. 21.  NEW SECTION.  49.42B  Form of official ballot —— candidates for president and vice president.
   When candidates for president and vice president of the United States appear on the ballot, the following statement shall appear directly above the section of the ballot listing such candidates:
   [A ballot cast for the named candidates for president and vice president of the United States is considered to be cast for the slate of presidential electors nominated by the political party, nonparty political organization, or independent candidate.]
    Sec. 22.  Section 49.53, subsection 1, Code 2020, is amended to read as follows:
   1.  The commissioner shall not less than four nor more than twenty days before the day of each election, except those for which different publication requirements are prescribed by law, publish notice of the election. The notice shall contain a facsimile of the portion of the ballot containing the first rotation as prescribed by section 49.31, subsection 2, and shall show list the names of all candidates or nominees and the office each seeks, and all public questions, to be voted upon at the election. The sample ballot published as a part of the notice may at the discretion of the commissioner be reduced in size relative to the actual ballot but such reduction shall not cause upper case letters appearing in candidates’ names or in summaries of public measures on the published sample ballot to be less than nine point type. The notice shall also state the date of the election, the hours the polls will be open, that each voter is required to provide identification at the polling place before the voter can receive and cast a ballot, the location of each polling place at which voting is to occur in the election, and the names of the precincts voting at each polling place, but the statement need not set forth any fact which is apparent from the portion of the ballot appearing as a part of the same notice. The notice shall include the full text of all public measures to be voted upon at the election.  The notice may contain one or more facsimiles of the portion of the ballot containing the first rotation as prescribed by section 49.31, subsection 2.
    Sec. 23.  Section 49.58, subsection 1, Code 2020, is amended to read as follows:
   1.  If any candidate nominated by a political party, as defined in section 43.2, for the office of senator or representative in the Congress of the United States, governor, attorney general, or senator or representative in the general assembly dies during the period beginning on the eighty-eighth eighty-first day and ending at the time the polls close on the last day before of the general election, or if any candidate so nominated for the office of county supervisor dies during the period beginning on the seventy-third seventy-fourth day and ending at the time the polls close on the last day before of the general election, the vote cast at the general election for that office shall not be canvassed as would otherwise be required by chapter 50. Instead, a special election shall be held on the first Tuesday after the second Monday in December, for the purpose of electing a person to fill that office.
    Sec. 24.  Section 49.73, subsection 2, Code 2020, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  a.  The commissioner shall not shorten voting hours for any election if there is filed in the commissioner’s office, at least twenty-five days before the election, a petition signed by at least fifty eligible electors of the school district or city, as the case may be, requesting that the polls be opened not later than 7:00 a.m. All polling places where the candidates of or any public question submitted by any one political subdivision are being voted upon shall be opened at the same hour, except that this requirement shall not apply to merged areas established under chapter 260C. The hours at which the respective precinct polling places are to open shall not be changed after publication of the notice required by section 49.53. The polling places shall be closed at 8:00 p.m. for all elections.
   b.  The legislative services agency shall place on the internet site of the agency information regarding the opening and closing times of polling places until and including November 5, 2024. This paragraph is repealed effective July 1, 2025.
    Sec. 25.  Section 49.109, Code 2020, is amended to read as follows:
   49.109  Employees entitled to time to vote.
   Any person entitled to vote at an election in this state who does not have three two consecutive hours in the period between the time of the opening and the time of the closing of the polls during which the person is not required to be present at work for an employer, is entitled to such time off from work time to vote as will in addition to the person’s nonworking time total three two consecutive hours during the time the polls are open. Application by any employee for such absence shall be made individually and in writing prior to the date of the election, and the employer shall designate the period of time to be taken. The employee is not liable to any penalty nor shall any deduction be made from the person’s regular salary or wages on account of such absence.
    Sec. 26.  Section 49A.6, Code 2020, is amended to read as follows:
   49A.6  Certification —— sample ballot.
   The state commissioner of elections shall, not less than sixty-nine sixty-three days preceding any election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state, transmit to the county commissioner of elections of each county a certified copy of the amendment or measure and a sample of the ballot to be used in such cases, prepared in accordance with law.
    Sec. 27.  Section 50.44, Code 2020, is amended to read as follows:
   50.44  Tie vote.
   1.  If Except as otherwise provided in this section, if more than the requisite number of persons, including presidential electors, are found to have an equal and the highest number of votes, the election of one of them shall be determined by lot. The name of each of such candidates shall be written on separate pieces of paper, as nearly uniform in size and material as possible, and placed in a receptacle so that the names cannot be seen. In the presence of the board of canvassers, one of them shall publicly draw one of such names, and such person shall be declared elected. The result of such drawing shall be entered upon the abstract of votes and duly recorded, and a certificate of election issued to such person, as provided in this chapter.
   2.  If more than the requisite number of candidates for United States senator or representative to the United States house of representatives are found to have an equal and highest number of votes, a special election shall be held sixty-six days after the final canvass or recount, whichever is later, in which each such candidate shall be the only candidates on the ballot.
   3.  If more than the requisite number of candidates for a statewide elected office, member of the general assembly, member of a board of supervisors, or a partisan office to be filled by a vote of the residents of a whole county, are found to have an equal and highest number of votes, a special election shall be held consistent with section 69.14, in which each such candidate shall be the only candidates on the ballot.
   4.  If more than the requisite number of presidential electors are found to have an equal and the highest number of votes, the presidential electors shall be assigned one-half to each candidate. If there is an odd number of presidential electors, the remaining elector shall be assigned by lot.
    Sec. 28.  Section 50.48, subsection 3, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  In addition to the persons listed in paragraph “a”, the candidate requesting the recount and the apparent winning candidate may each submit a request to a commissioner from a county other than the county conducting the recount to be present at the recount. Such a commissioner may report any irregularities observed by the commissioner at any time after the election to the state commissioner.
    Sec. 29.  Section 50.48, subsection 4, paragraph b, Code 2020, is amended to read as follows:
   b.  Any member of the recount board may at any time during the recount proceedings for an election for a statewide elected official as defined in section 68B.2, a United States senator, or United States representative extend the recount of votes cast for the office or nomination in question to any other precinct or precincts in the same county, or from which the returns were reported to the commissioner responsible for conducting the election, without the necessity of posting additional bond.  The recount proceedings for an election for any other office shall include all precincts in which a ballot for the election was cast.
    Sec. 30.  NEW SECTION.  50.52  Enforcement.
   Members of local law enforcement agencies and the state patrol are authorized to take all reasonable actions to prevent violations of this chapter.
    Sec. 31.  Section 53.2, subsection 4, paragraph a, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Each application shall contain the following information To request an absentee ballot, a registered voter shall provide:
    Sec. 32.  Section 53.2, subsection 4, paragraph b, Code 2020, is amended to read as follows:
   b.  If insufficient information has been provided, including the absence of a voter verification number, either on the prescribed form or on an application created by the applicant, the commissioner shall, by the best means available, obtain the additional necessary information within twenty-four hours after the receipt of the absentee ballot request, contact the applicant by telephone and electronic mail, if such information has been provided by the applicant. If the commissioner is unable to contact the applicant by telephone or electronic mail, the commissioner shall send a notice to the applicant at the address where the applicant is registered to vote, or to the applicant’s mailing address if it is different from the residential address. If the applicant has requested the ballot to be sent to an address that is not the applicant’s residential or mailing address, the commissioner shall send an additional notice to the address where the applicant requested the ballot to be sent. A commissioner shall not use the voter registration system to obtain additional necessary information. A voter requesting or casting a ballot pursuant to section 53.22 shall not be required to provide a voter verification number.  The state commissioner shall adopt rules to implement this section.
    Sec. 33.  Section 53.2, subsection 4, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  If an applicant does not have current access to the applicant’s voter verification number, the commissioner shall verify the applicant’s identity prior to supplying the voter verification number by asking the applicant to provide at least two of the following facts about the applicant:
   (1)  Date of birth.
   (2)  The last four digits of the applicant’s social security number, if applicable.
   (3)  Residential address.
   (4)  Mailing address.
   (5)  Middle name.
   (6)  Voter verification number as defined in paragraph “c”.
    Sec. 34.  Section 53.10, subsection 2, paragraph a, Code 2020, is amended to read as follows:
   a.  Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information:  name, current address, voter verification number, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time.  Prior to furnishing a ballot, the commissioner shall verify the person’s identity as provided in section 49.78. The registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it in the envelope marked with the affidavit; subscribe to the affidavit on the reverse side of the envelope; and return the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter.
    Sec. 35.  Section 53.10, subsection 2, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0b.  If an unregistered person offering to vote an absentee ballot pursuant to this section prior to the deadline in section 48A.9 does not have an Iowa driver’s license, an Iowa nonoperator’s identification card, or a voter identification number assigned to the voter by the state commissioner pursuant to section 47.7, subsection 2, the person may satisfy identity and residence requirements as provided in section 49.78. This section shall also apply to a registered voter casting a ballot pursuant to this section who has not yet received a voter verification number.
    Sec. 36.  Section 53.11, subsection 1, paragraph a, Code 2020, is amended to read as follows:
   a.  Not more than twenty-nine days before the date of an election, satellite absentee voting stations may be established throughout the cities and county at the direction of the commissioner and shall be established upon receipt of a petition signed by not less than one hundred eligible electors requesting that a satellite absentee voting station be established at a location to be described on the petition. However, if a special election is scheduled in the county on a date that falls between the date of the regular city election and the date of the city runoff election, the commissioner is not required to establish a satellite absentee voting station for the city runoff election.
    Sec. 37.  Section 53.11, subsection 2, paragraph e, Code 2020, is amended to read as follows:
   e.  For a special election, no later than thirty-two eighteen days before the special election.
    Sec. 38.  Section 53.18, subsections 2 and 3, Code 2020, are amended to read as follows:
   2.  a.  If the commissioner receives the return envelope containing the completed absentee ballot by 5:00 p.m. on the Saturday before the election for general elections and by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall review the affidavit marked on the return envelope, if applicable, for completeness or shall open the return envelope to review the affidavit for completeness. If the affidavit is incomplete, the commissioner shall, within twenty-four hours of the time the envelope was received, notify the voter of that fact and that the voter may complete the affidavit in person at the office of the commissioner by 5:00 p.m. on the day before the election, vote a replacement ballot in the manner and within the time period provided in subsection 3, or appear at the voter’s precinct polling place on election day and cast a ballot in accordance with section 53.19, subsection 3.  If the affidavit lacks the signature of the registered voter, the commissioner shall, within twenty-four hours of the receipt of the envelope, notify the voter of the deficiency and inform the voter that the voter may vote a replacement ballot as provided in subsection 3, cast a ballot as provided in section 53.19, subsection 3, or complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election.
   b.  If the commissioner receives the return envelope containing the completed absentee ballot after the deadline in paragraph “a”, the commissioner shall submit the affidavit to the absentee and special voters precinct board for review. If the absentee and special voters precinct determines that the affidavit is incomplete, the commissioner shall, within twenty-four hours of the determination, notify the voter. If the affidavit lacks the signature of the registered voter, the commissioner shall notify the voter that the voter may complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election.
   3.  If the affidavit envelope or the return envelope marked with the affidavit contains a defect that would cause the absentee ballot to be rejected by the absentee and special voters precinct board, the commissioner shall immediately notify the voter of that fact and that the voter’s absentee ballot shall not be counted unless the voter requests and returns a replacement ballot in the time permitted under section 53.17, subsection 2. For the purposes of this section, a return envelope marked with the affidavit shall be considered to contain a defect if it appears to the commissioner that the signature on the envelope has been signed by someone other than the registered voter, in comparing the signature on the envelope to the signature on record of the registered voter named on the envelope. A signature or marking made in accordance with section 39.3, subsection 17, shall not be considered a defect for purposes of this section. The voter may request a replacement ballot in person, in writing, or over the telephone. The same serial number that was assigned to the records of the original absentee ballot application shall be used on the envelope and records of the replacement ballot. The envelope marked with the affidavit and containing the completed replacement ballot shall be marked “Replacement ballot”. The envelope marked with the affidavit and containing the original ballot shall be marked “Defective” and the replacement ballot shall be attached to such envelope containing the original ballot and shall be stored in a secure place until they are delivered to the absentee and special voters precinct board, notwithstanding sections 53.26 and 53.27.
    Sec. 39.  Section 53.18, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  04.  For the purposes of this section, a return envelope marked with the affidavit shall be considered incomplete if the affidavit lacks the registered voter’s signature. A signature or marking made in accordance with section 39.3, subsection 17, shall not cause an affidavit to be considered incomplete.
    Sec. 40.  Section 53.22, subsection 3, Code 2020, is amended to read as follows:
   3.  Any registered voter who becomes a patient, tenant, or resident of a hospital, assisted living program, or health care facility in the county where the voter is registered to vote within three days prior to the date of any election after the deadline to make a written application for an absentee ballot as provided in section 53.2 or on election day may request an absentee ballot during that period or on election day. As an alternative to the application procedure prescribed by section 53.2, the registered voter may make the request directly to the officers who are delivering and returning absentee ballots under this section. Alternatively, the request may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, these officers shall deliver the appropriate absentee ballot to the registered voter in the manner prescribed by this section.
    Sec. 41.  Section 53.22, subsection 6, paragraph a, Code 2020, is amended to read as follows:
   a.  If the registered voter becomes a patient, tenant, or resident of a hospital, assisted living program, or health care facility outside the county where the voter is registered to vote within three days before the date of any election after the deadline to make a written application for an absentee ballot as provided in section 53.2 or on election day, the voter may designate a person to deliver and return the absentee ballot. The designee may be any person the voter chooses except that no candidate for any office to be voted upon for the election for which the ballot is requested may deliver a ballot under this subsection. The request for an absentee ballot may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, the ballot shall be delivered by mail or by the person designated by the voter. An application form shall be included with the absentee ballot and shall be signed by the voter and returned with the ballot.
    Sec. 42.  Section 58.1, Code 2020, is amended to read as follows:
   58.1  Notice —— grounds.
   The contestant for the office of governor shall, within thirty fourteen days after the proclamation of the result of the election, deliver to the presiding officer of each house of the general assembly a notice of intent to contest, and a specification of the grounds of such contest, as provided in chapter 62.
    Sec. 43.  Section 58.4, subsections 1 and 2, Code 2020, are amended to read as follows:
   1.  The names of members of each house, except the presiding officer and the majority and minority leaders, written on similar paper tickets, shall be placed in a box, the names of the senators in their presence by their secretary, and the names of the representatives in their presence by their clerk.
   2.  The secretary of the senate in the presence of the senate, and the clerk of the house of representatives in the presence of the house, shall draw from their respective boxes the names of seven five members each.  The majority and minority leaders of each house shall also serve on the contest court.
    Sec. 44.  Section 68A.405, subsection 1, paragraph a, subparagraph (3), Code 2020, is amended to read as follows:
   (3)  “Published material” means any newspaper, magazine, shopper, outdoor advertising facility, poster, direct mailing, brochure, internet site, campaign sign, or any other form of printed or electronic general public political advertising. “Published material” includes television, video, or motion picture advertising, automated telephone calls, and text messages.
    Sec. 45.  Section 68A.405, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  An organization that sends a text message described by this section may abbreviate the words “paid for by” as “Pfb:”. An organization may use the full name of the organization or the last name of the candidate followed by the organization’s committee identification number. If the organization is a political party, the name of the organization may be abbreviated.
    Sec. 46.  NEW SECTION.  68A.507  Deceptive names prohibited.
   No person shall place on any published material, as defined in section 68A.405, a name or abbreviation of a name intended to cause a voter to believe that the person represents a political party or nonparty political organization of which the person is not a candidate.
    Sec. 47.  Section 69.9, Code 2020, is amended to read as follows:
   69.9  Person removed not eligible.
   No person can be appointed to fill a vacancy who has been removed from office within one year next preceding.
    Sec. 48.  Section 69.14, Code 2020, is amended to read as follows:
   69.14  Special election to fill vacancies.
   1.  A special election to fill a vacancy shall be held for a representative in Congress, when Congress is in session or will convene prior to the next general election, or for a senator or representative in the general assembly, when the body in which such vacancy exists is in session, or the general assembly will convene prior to the next general election, and the governor shall order, not later than five days from the date the vacancy exists, a special election, giving not less than forty days’ notice of such election.
   2.  In the event the special election is to fill a vacancy in the general assembly while it is in session or within forty-five days of the convening of any session, the time limit provided in this section shall not apply and the governor shall order such, not later than five days after the day the vacancy occurs, a special election at the earliest practical time, giving at least eighteen twenty-one, but no more than forty-two, days’ notice of the special election. Any special election called under this section must be held on a Tuesday and shall not be held on the same day as a school election within the district.
    Sec. 49.  Section 376.5, Code 2020, is amended to read as follows:
   376.5  Publication of ballot.
   Notice containing a copy of the ballot for each regular, special, primary, or runoff city election must be published by the county commissioner of elections as provided in section 362.3, except that notice of a regular, primary, or runoff election may be published not less than four days before the date of the election. The published notice must contain shall list the names of all candidates, and may not contain any party designations. The published notice must contain shall include any question to be submitted to the voters.  The notice may contain one or more facsimiles of the portion of the ballot containing the first arrangement of candidates as prescribed by section 49.31, subsection 2.
    Sec. 50.  Section 445.5, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  Until November 5, 2024, the hours during which polling places are open on election days. This paragraph is repealed effective July 1, 2025.
    Sec. 51.  EFFECTIVE DATE.  The following take effect January 1, 2021:
   1.  The section of this division of this Act amending section 43.11.
   2.  The section of this division of this Act amending section 43.16.
   3.  The section of this division of this Act amending section 43.23.
   4.  The section of this division of this Act amending section 43.78.
   5.  The section of this division of this Act amending section 43.79.
   6.  The section of this division of this Act amending section 44.1.
   7.  The section of this division of this Act amending section 44.4.
   8.  The section of this division of this Act amending section 44.9.
    Sec. 52.  EFFECTIVE DATE.  The following, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act amending section 49.79.
   2.  The section of this division of this Act amending section 49.109.
DIVISION VI
VOTER REGISTRATION

    Sec. 53.  Section 47.7, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The state registrar of voters shall use information from the electronic registration information center to update information in the statewide voter registration system, including but not limited to the following reports:
   a.  In-state duplicates.
   b.  In-state updates.
   c.  Cross-state matches.
   d.  Deceased.
   e.  Eligible but unregistered.
   f.  National change of address.
    Sec. 54.  Section 48A.10A, subsection 1, Code 2020, is amended to read as follows:
   1.  The state registrar shall compare lists of persons who are registered to vote with the department of transportation’s driver’s license and nonoperator’s identification card files and shall, on an initial basis, issue a voter identification card to each active, registered voter whose name does not appear in the department of transportation’s files. The voter identification card shall include the name of the registered voter, a signature line above which the registered voter shall sign the voter identification card, the registered voter’s identification number assigned to the voter pursuant to section 47.7, subsection 2, and an additional four-digit personal identification number assigned by the state commissioner, and the times during which polling places will be open on election days. 
    Sec. 55.  Section 48A.26B, Code 2020, is amended to read as follows:
   48A.26B  Form of acknowledgment.
   The state registrar shall adopt rules pursuant to chapter 17A to prescribe the form of written acknowledgments sent to a registrant by a commissioner pursuant to section 48A.26 or 48A.26A.  An acknowledgment sent after March 1, 2023, shall include the times during which polling places will be open on election days.
    Sec. 56.  Section 48A.27, subsection 4, paragraph c, subparagraph (2), Code 2020, is amended to read as follows:
   (2)  The notice shall contain a statement in substantially the following form:
  Information received from the United States postal service indicates that you are no longer a resident of, and therefore not eligible to vote in (name of county) County, Iowa. If this information is not correct, and you still live in (name of county) County, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct and you have moved, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in an election in (name of county) County, Iowa, on or before (date of second general election following the date of the notice) your name will be removed from the list of voters in that county.
    Sec. 57.  Section 48A.29, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  The notice shall contain a statement in substantially the following form:
  Information received from the United States postal service indicates that you are no longer a resident of (residence address) in (name of county) County, Iowa. If this information is not correct, and you still live in (name of county) County, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct, and you have moved, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in some election in (name of county) County, Iowa, on or before (date of second general election following the date of the notice) your name will be removed from the list of voters in that county.
    Sec. 58.  Section 48A.29, subsection 3, paragraph b, Code 2020, is amended to read as follows:
   b.  The notice shall contain a statement in substantially the following form:
  Information received by this office indicates that you are no longer a resident of (residence address) in (name of county) County, Iowa. If the information is not correct, and you still live at that address, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct, and you have moved within the county, you may update your registration by listing your new address on the card and mailing it back. If you have moved outside the county, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in some election in (name of county) County, Iowa, on or before (date of second general election following the date of the notice) your name will be removed from the list of registered voters in that county.
    Sec. 59.  NEW SECTION.  48A.39A  Voter list maintenance reports.
   1.  The commissioner of registration shall annually submit to the state registrar of voters a report regarding the number of voter registration records marked inactive or canceled pursuant to sections 48A.28 through 48A.30. The state registrar of voters shall publish such reports on the internet site of the state registrar of voters.
   2.  The state registrar of voters shall determine by rule the form and submission deadline of reports submitted pursuant to subsection 1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the conduct of elections.
   DIVISION I —— PROPOSED CONSTITUTIONAL AMENDMENTS. This division of the bill relates to the process for amending the Iowa constitution. The bill requires the commissioner of elections to summarize proposed constitutional amendments and public measures and to post the full text of such proposed constitutional amendments and public measures within voting booths. Current law allows the commissioner of elections to summarize proposed constitutional amendments and public measures.
   DIVISION II —— ISSUANCE OF BONDS. This division of the bill relates to the issuance of bonds. The bill requires a public measure to approve the issuance of bonds to include on the ballot the current property tax levy, the term of the bond, and the average increase or decrease in the amount of property tax due on an average home in each county voting on the bond, as well as the average of such averages, according to data provided by the United States census bureau.
   DIVISION III —— SELF-PROMOTION WITH TAXPAYER FUNDS. This division of the bill relates to the prohibition on using taxpayer funds for self-promotion. The bill defines “direct mass mailing” for the purposes of the prohibition as a mailing the purpose of which is to promote a person or idea sent by a statewide elected official that is delivered by a mail service, sent to more than two hundred addresses, is substantially similar as regards each mailing, and all of which mailings are sent at the same time or within 30 days of each other.
   DIVISION IV —— MISCELLANEOUS PROVISIONS. This division of the bill relates to various changes to the Code.
   The bill changes the rate of compensation for presidential electors from $5 per day to one-half of the per diem rate set by the federal general services administration.
   The bill changes the time at which the senate shall organize as a court of impeachment from forthwith after the hour of final adjournment to as soon as practicable. The bill also changes the rate of compensation for members serving on a court of impeachment to the same rate as for members serving in a special session of the general assembly if the general assembly is not in regular session. If the general assembly is in regular session, the bill provides that members shall receive no additional compensation.
   DIVISION V —— CONDUCT OF ELECTIONS. This division of the bill relates to the conduct of elections.
   The bill provides that a person who holds an elective office and wins an election for a second office shall automatically vacate the first office if the person does not vacate one of the offices.
   The bill alters the deadlines for filing a nomination petition, withdrawing a nomination, and filling a ballot vacancy. If a vacancy occurs on a ballot due to the death of a candidate after the date for filling a vacancy until the time the polls close on election day, the election for that office shall not be canvassed and the office shall be filled by a special election.
   The bill changes the filing deadline for nomination papers of persons seeking to be a nonparty political organization’s candidate for elected office. The bill changes the deadlines for filing nomination papers and objections to the same deadline that is applied to persons seeking to be a political party’s candidate for elected office.
   The bill makes technical changes to the provisions of law governing the content of notices of elections.
   The bill alters the number of signatures required for a person to obtain a nomination by petition.
   The bill moves the voter registration deadline for all elections other than general elections from 11 days before an election to 10 days before an election. The voter registration deadline for general elections is currently 10 days before the election. The bill does not affect election day voter registration.
   The bill allows the state commissioner of elections to oversee the activities of county commissioners of elections during a period beginning 60 days prior to an election and ending 60 days after an election.
   The bill changes the circumstances under which and places at which a county commissioner of elections may create a satellite voting location.
   The bill changes the closing time for polling places for state primary and general elections, and other partisan elections, and any other election held concurrently therewith, from 9:00 p.m. to 8:00 p.m. The bill requires that the opening and closing times for polling places be placed on the internet site of the legislative services agency, voter identification cards, and property tax statements.
   The bill reduces the number of hours an employee must have available away from work during the time polls are open on election day from three hours to two hours.
   The bill requires the state commissioner of elections to transmit a certified copy of a constitutional amendment or public measure and a sample ballot to each county commissioner of elections 63 days before an election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state. Current law requires such certified copies and sample ballots to be sent 69 days before the election.
   The bill requires any election other than a presidential election or an election for a nonpartisan office that results in a tie to go to a special election. A tied election for president shall result in the electors being split between the candidates.
   The bill allows a candidate requesting a recount to request the presence of a county commissioner of elections from another county at the recount. Such a commissioner may report any irregularities observed by the commissioner at any time after the election to the state commissioner of elections.
   The bill requires a recount for an election other than a statewide election to include all precincts in which a ballot for the contested election was cast.
   The bill grants local law enforcement agencies and the state patrol the authority to take all reasonable actions to prevent violations of Code chapter 50 (canvass of votes).
   The bill makes technical changes to the Code section controlling absentee ballot request forms.
   The bill requires a county commissioner of elections who receives an incomplete absentee ballot request to inform the applicant within 24 hours of receipt of the request by telephone or electronic mail if such information was provided, and by mail if such information was not provided. The bill prohibits a county commissioner of elections from using the voter registration system to obtain additional necessary information. The bill allows a county commissioner of elections to verify the identity of an applicant for an absentee ballot who cannot access the applicant’s voter verification number by asking for at least two of the following from the applicant: date of birth, the last four digits of the applicant’s social security number, residential address, mailing address, and middle name.
   The bill requires a county commissioner of elections to verify the identity of a person voting absentee in person in the same manner as a poll worker verifying the identity of a person voting at the polls on election day.
   The bill allows an unregistered person seeking to vote absentee at the office of a county commissioner of elections prior to the voter registration deadline who does not have an Iowa driver’s license, nonoperator’s identification card, or voter identification number to vote absentee by satisfying the voter identification requirements of Code section 49.78.
   The bill changes the process by which absentee ballots lacking a signature are verified. If such a ballot is received by 5:00 p.m. on the Saturday before a general election or by 5:00 p.m. on the Friday before any other election, the county commissioner of elections must contact the voter within 24 hours and inform the voter how to remediate the ballot. A ballot received after the applicable deadline is sent to the absentee and special voters precinct board for review. If the absentee and special voters precinct board determines that the affidavit is incomplete, the commissioner shall inform the voter within 24 hours how the ballot may be remediated if the ballot lacks a signature.
   The bill alters the timeline for contesting a gubernatorial election and the makeup of a contest court for such a challenge.
   The bill allows certain abbreviations to be used in attribution statements attached to political communications sent by text message.
   The bill prohibits a person from placing on any published material a name or abbreviation of a name intended to cause a voter to believe that the person represents a political party or nonparty political organization of which the person is not a candidate. A willful violation of the prohibition is a serious misdemeanor. 
   The bill alters the timeline for holding a special election to fill a vacant office and prohibits a person who has ever been removed from office from being appointed to fill a vacancy.
   The division includes effective date provisions.
   DIVISION VI —— VOTER REGISTRATION. This division of the bill relates to voter registration. 
   The bill alters the process for removing inactive voter registration records. The bill requires the state registrar of voters to use information from the electronic registration information center to update the statewide voter registration database. The bill changes the deadline for returning a notification that a person no longer lives in a given county to 11 days before an election. The bill requires voter identification cards and acknowledgments of registration to include the times polls will be open.
   The bill requires each county commissioner of registration to submit a report on voter list maintenance activities annually to the state registrar of voters. The state registrar of voters shall publish such reports on the internet site of the state registrar of voters.